L’Oreal Keratin Class Action Lawsuit Earns Partial Certification

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Earlier this week, a New York federal judge gave partial certification to California and New York Classes in a class action lawsuit alleging L’Oreal USA Inc. falsely advertised some of its keratin hair products.

U.S. District Judge Lorna G. Schofield denied the plaintiffs’ request to certify a nationwide Class, finding that the issue of whether the Class Members relied on the defendant’s alleged misrepresentations could only be determined on an individual basis.

The products at issue in the L’Oreal class action lawsuit are part of the Matrix Biolage Advanced Keratindose Pro-Keratin + Silk product line, which includes the following three products: Matrix Biolage Advanced Keratin + Silk Shampoo, Pro-Keratin + Silk Conditioner, and Pro-Keratin + Silk Renewal Spray.

According to the L’Oreal class action lawsuit, each product costs more than $20. The plaintiffs claim that they, along with other putative Class Members, paid a premium for the products and were willing to pay a higher price because they believed the products contained keratin, when they allegedly do not contain keratin.

Keratin is a natural protein that is present in hair, skin and nails, the plaintiffs say. The Biolage products purport to “restore overprocessed hair” and that they provide “cleansing while locking in moisture to help fight frizz.”

The plaintiffs claim that the products do not actually contain keratin and therefore do not provide the promised benefits.

The L’Oreal Biolage hair care class action lawsuit claims that the Biolage products actually damaged consumers’ hair, leaving it brittle and dry. The plaintiffs say they would not have purchased the Matrix Biolage products if they had known they didn’t actually contain keratin.

On Wednesday, Judge Schofield certified a Class of New York residents and a Class of California residents who purchased the Matrix Biolage products since Jan. 26, 2013.

The judge declined to certify the fraud claims, however, finding that their viability depends on whether each individual Class Member relied on the alleged misrepresentations.

“The viability of each class member’s fraud claim turns on whether or not he or she relied on alleged representations that the Products contain keratin,” Judge Schofield wrote. “Individual customers’ reliance is not subject to general proof in this case. Thus, certification of any class based on a fraud claim is inappropriate.”

The plaintiffs filed the L’Oreal class action lawsuit in January 2017. “The Keratindose products do not contain any keratin at all and are incapable of providing the claimed benefits of keratin to the consumer,” the L’Oreal class action lawsuit says.

In October 2017, the judge denied a motion by L’Oreal to dismiss the keratin class action lawsuit.

The plaintiffs are represented by Jason Brown and Patrick Almonrode of JTB Law Group LLC, Rachel Soffin and Jonathan Cohen of Morgan & Morgan Complex Litigation Group, Nick Suciu III of Barbat Mansour & Suciu PLLC, Jason Thompson and Rod Johnston of Sommers Schwartz PC, and Greg Coleman of Greg Coleman Law PC.

The L’Oreal Keratindose Class Action Lawsuit is Brandi Price, et al. v. L’Oreal USA Inc., et al., Case No. 1:17-cv-00614, in the U.S. District Court for the Southern District of New York.

UPDATE: March 2019, a website has been set up to inform Class Members about their rights under the Matrix Biolage class action lawsuit.